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Fifth Circuit stays voter ID ruling

Ugh.

Still the only voter ID anyone should need

The state of Texas can use its revised voter ID measure for the upcoming November elections, a divided federal appeals court ruled on Tuesday.

The 2-1 decision, first reported by Politico Tuesday night, came from a panel of three federal judges on the Fifth Circuit Court of Appeals in New Orleans — and it marks the latest in a series of winding legal battles on whether the state has intentionally discriminated against black and Latino voters through its original voter ID law passed in 2011

[…]

In a joint order Tuesday, Judges Jerry Smith and Jennifer Elrod wrote that Texas “has made a strong showing that it is likely to succeed on the merits,” and added that the state has also “made a strong showing that this reasonable-impediment procedure remedies plaintiffs’ alleged harm and thus forecloses plaintiffs’ injunctive relief.”

The dissenting judge on the panel, Judge James Graves Jr., said it was still uncertain whether Texas would succeed — and pointed to the court’s ruling last year that a North Carolina voter ID law had been propelled by race and was never properly fixed.

See here, here, and here for the background, and here for a copy of the order. Rick Hasen explains where we stand now:

Given how each judge voted in the en banc ruling on the last round of the voter id case, nothing here is a surprise.

This is a ruling just by a motions panel; a separate merits panel will review the case in short order (the motions panel expedited consideration of the case).

There is still a long road ahead. The last time this went through it went en banc to the full 5th Circuit and took a while—so the status quo in the interim matters perhaps for how the 2018 elections will be conducted.

Plaintiffs could try to appeal this stay order to the Supreme Court, where they would probably face a tough audience, with perhaps Justice Kennedy in play.

That’s really what it comes down to, the 2018 election and what voter ID rules are in place. Look how long it took us to get to this point. All we can do is keep moving, there’s still more to be done. ThinkProgress and the Chron have more.

UPDATE: Oral arguments are set for the first week in December.

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One Comment

  1. Joel says:

    shocking.

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